Affinity and Divergence in Hans Kelsen and Max Weber, 1st Edition

Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in…

1st Edition

Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal…

Second edition, 2nd Edition

Hester and Eglin’s A Sociology of Crime has an outstanding reputation for its distinctive and systematic contribution to the criminological literature. Through detailed examples and analysis, it shows how crime is a product of processes of criminalisation constituted through the interactional and…

A Philosophical Examination, 1st Edition

Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity,…

1st Edition

This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt’s texts, including Dictatorship (1921), The Concept of the Political (…

Law, Politics, Theology, 1st Edition

What does Carl Schmitt have to offer to ongoing debates about sovereignty, globalization, spatiality, the nature of the political, and political theology? Can Schmitt’s positions and concepts offer insights that might help us understand our concrete present-day situation? Works on Schmitt usually…

1st Edition

Situating privacy within the context of political philosophy, this book highlights the way in which struggles concerning the meaning of privacy have always been political. Different conceptions of privacy are here shown to involve diverse assumptions about ontology: our conceptions of self, culture…

The problem of moral luck is that there is a contradiction in our common sense ideas about moral responsibility. In one strand of our thinking, we believe that a person can become more blameworthy by luck. For example, two reckless drivers manage their vehicles in the same way, and one but not the…

1st Edition

This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the…

Philosophical and Legal Implications, 1st Edition

Interest in NFIB v. Sebelius has been extraordinarily high, from as soon as the legislation was passed, through lower court rulings, the Supreme Court’s grant of certiorari, and the decision itself, both for its substantive holdings and the purported behind-the-scene dynamics. Legal blogs exploded…

An Introduction, 3rd Edition

Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an…

1st Edition

Against jurisprudential reductions of Spinoza’s thinking to a kind of eccentric version of Hobbes, this book argues that Spinoza’s theory of natural right contains an important idea of absolute freedom, which would be inconceivable within Hobbes’ own schema. Spinoza famously thought that the…